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HomeMy Public PortalAboutCity Council_Minutes_1974-02-19_Regular 1974CITY OF TEMPLE CITY COUNCIL MINUTES FEBRUARY 19, 1974 INITIATION: 1. Mayor Tyrell called the regular meeting of the City Council to order at 7:39 p.m. on Tuesday, February 19, 1974, in the Council Chamber of the City Hall. 2. The invocation was given by Reverend Eamon O'Gorman, St. Luke's Catholic Church, 9451 E. Broadway. 3. The Pledge of Allegiance to the Flag was led by Mayor Tyrell. 4. ROLL CALL: Present: Councilmen - Dennis; Gilbertson ;Greenberg,Merritt,Tyrell Absent: Councilmen -None Also Present: City Manager Koski, Assistant to the City Manager Biel, Planning Director Dragicevich, Director of Parks and Recreation Kobett, Public Works Coordinator Leonetti 5. APPROVAL OF MINUTES: Councilman Gilbertson moved to approve the minutes of the regular meeting of the City Council held on Tuesday, February 5, 1974, as written, seconded by Councilman Greenberg and carried. Boy Scout Troop No. 167 was given recognition. by Mayor Tyrell who presented a special certificate to the group. Ron Andrews, Sr. Patrol Leader, explained plans and activities of the troop which is sponsored by the Holy Name Society of St. Luke's Church, including plans for camping at Cherry Valley and riding the Colorado River the summer of 1974. Mayor Tyrell called for a time of remembrance for Lt. Luis Acevedo, officer assigned to° Temple Station since 1968, who died of a heart attack February 1974, saying Lt. Acevedo will be sorely missed. The Lieutenant has been particularly kind, courteous, and considerate of the needs of Temple City; he has done much for our City in implementing the necessary fraternalism and understanding necessary to make' the contract services for our town available and make them work. The Mayor stated on behalf of the City Council, and himself personally, he sincerely regreted the passing of Lou Acevedo; and hopefully he will find his just reward beyond, and called for all to join him in - "vaya con Dios, Lou. ". UNFINISHED BUSINESS: 6. PUBLIC HEARING: 7:30 p.m. RE: APPEAL FROM PLANNING COMMISSION APPROVAL OF ZONE VARIANCE CASE 74 -410, 6127 and 6131 N. Golden West City Manager Koski presented background material, stating the Planning Commission, at their meeting held January 22, 1974, approved the Environmental Impact Report and passed Resolution No. 74 -541PC granting a request to develop two contiguous lots with less than required lot area and open space per dwelling unit in an R -2 zone. An appeal was filed January 29, 1974 and at their regular meeting held February 5, 1974, City Council set public hearing to consider the appeal. Planning Director Dragicevich advised the basic issue was to develop two contiguous lots with less than required lot area per dwelling unit in the northerly parcel, and open space per dwelling for the northerly parcel; zoning to the north and south of the parcels in question is R -2, to the east R-1; the southerly parcel would have four units, the northerly parcel, five units; the existing structure on the northerly parcel is to be removed; full grown Council Minutes, February 19, 1974 - Page 2 existing trees will be preserved. Mr. Dragicevich pointed out that if the lots were combined.. they would meet the criteria of the Zoning Code; the owners did, however, intend to have a common easement driveway. Councilman Merritt moved to make the Planning Commission records a part of the public hearing, seconded by Councilman Greenberg and unanimously carried. Mayor Tyrell declared the public hearing open. Mr. Robert McClellan, 1199 E. Walnut Street, Pasadena, repre- senting the owners, by means of Exhibit "A" pointed out the use, as proposed, of the two lots with an established common drive easement. Mr. McClellan stated the owners agree to all conditions as established by Planning Commission, however, were at a loss to know how to satisfy the requirement imposed by the Fire Department to supply 2;000 gpm at 20 psi with the existing 4" line. City Attorney Martin advised if the properties were combined or a partnership were formed °there would be no need for a variance and inquired as to why the applicants were requesting a variance when their problem could so easily be corrected. Mr. McClellan stated .. that at this time the owners would prefer maintaining separate ownership, particularly as to the southerly property which has an existing mortgage. City Attorney Martin advised that the owners could file a lot combination :covenant with the'City; to become effective when all encumbrances are removed, otherwise the parcels could be split and become two parcels again and the City would be left with a history of having granted a variance for a substandard condition. In Opposition: Mr. Chris Coulter, 6220 N. Golden West Avenue, presented a petition with 114 signatures for denial of a: variance for subject properties; objected to 'treating two parcels as one; stated the owners were creating their own hardship and need for variance. Mr. James Vivona, 6137 Golden West Avenue, objected to the proposed five units on the northerly parcel. If the parcels were developed separately the requirement would be for two 16 ft. driveways, or 32 ft.. rather than the 20' ft. proposed. Mr. John Noetzel, 6138 N. Golden West. Avenue, stated he was concerned about the Planning' Commission granting a variance in violation of the Zoning Code. Mrs.."Georgie Coulter, 6220 N. Golden West Avenue, stated that there is a church and library within:' close proximity which create a great deal of traffic, children go up Golden West Avenue to three schools, Oak Avenue, Longden and Temple City High School, and the increased traffic from this project will cause a hazardous condition. Once a :zone variance is granted, it sets a precedence for others. Mr: Jack Ferraro, 6219 Golden West Avenue, stated his concern with inadequate access for fire protection. Mrs. Mary Noetzel, 6138 N. Golden West Avenue, stated she would object to looking at apartments across the street, and her concern with increased traffic. Mrs° Frances,King, 6238 Golden -West Avenue, protested on the basis of the proj ects being" apartments :' . It-is-her-opinion. that apartment dwellers are nomads. Council Minutes, February' i9, 1974.- Page 3 Mrs: Ann Kilpatrick; 6126''Golden West Avenue, stated there are many children in the 6100 block of Golden West Avenue and the increased traffic is of concern to her, Mr. Robert McClellan, in rebuttal, stated he would confer with his clients regarding a lot combination covenant. Councilman Merritt moved to close the public hearing, seconded by Councilman Dennis and unanimously carried. Councilman Gilbertson stated that because the proposal, as submitted is not a single identifiable parcel, he could not support a variance Councilman Dennis agreed with Councilman Gilbertson, adding that the property is not unique and the problem is created by the owners' needs Councilman Greenberg agreed also, stating that the Council must consider two separate parcels, one being non-conforming. Councilman Merritt felt-that' the properties combined with a common driveway easement, even though under two ownerships, would not be a problem. • Mayor Tyrell felt that there -may be a hazard in that public safety officers would have difficulty obtaining access to the rear of the property. The City Attorney advised Council that the property is not unique; the application is a request-of convenience, and the property can be combined according to the laws of Temple City., He would recommend the matter be held over to give the applicant the opportunity to combine the properties with an appropriate covenant accordingly to the rules and regulations of the code. Councilman Greenberg moved to grant the appeal and reverse Planning Commission' approval of variance, seconded by Councilman Gilbertson and carried on a roll call vote: ROLL CALL: AYES: Councilmen - Dennis, Gilbertson', Greenberg, Tyrell NOES: Councilmen - Merritt ABSENT: Councilmen -None 7. ACCEPTANCE OF' WORK: SLURRY SEAL PROJECT - FY 1973 -74 City °Manager "Koski '` °advised that pursuant to contract with Pavement Coatings Company, work on certain 'streets in Maintenance Area #5 commenced on December 26, 1973 and was completed January 24, 1974, with corrections completed January 29, 1974. Under the terms of the contract, Pavement Coatings. Company met the contractual obligation and on February 6, 1974, the Maintenance Division of the Los Angeles County Road Department recommended that the City accept the work performed. Councilman Gilbertson moved to accept the work completed, authorize the release of the faithful performance bond in 30 days, and authorize the payment of $11,180.50 to Pavement Coatings Company for the work performed, and release 10% retention in the amount of $1,242.27 at the end of the 35 day lien period, seconded by Councilman Merritt and carried. 8.- TEMPLE .CITY ANNEXATION 73 -1 City Manager Koski advised that the Los Angeles Local Agency Formation Commission, at their meeting held February 13, 1974, approved the annexation of two parcels at the intersection of Lemon and Longden Avenues in County unincorporated territory. Under the Annexation of Uninhabited Territory Act of 1939, City Council is required to pass a resolution giving notice of the proposed annexation, setting public hearing to hear protests by property owners within the territory to be annexed not less than 40 or more than 60 days after the passage III10. RECOMMENDATIONS FROM TRAFFIC-COMMISSION - Meeting of February 6, 1974 A. HALIFAX ROAD, Live Oak to Lower Azusa Road - Additional Regulations Council Minutes, February 19, 1974 - Page 4 of the resolution. Therefore the earliest date for Public Hearing would be at the regular City Council meeting April 2, 1974. A protest. of more than 50% of the.assessed.valuation of the property • to be annexed-is .necessary to prohibit.the annexation; owners of a majority of the property within the territory have requested annexation to the City-of-Temple City. Councilman Gilbertson moved to"adop.t Resolution No. 74 -1334 entitled A RESOLUTION OF THE CITY COUNCIL OF THE.CITY OF TEMPLE CITY DECLARING THAT PROCEEDINGS HAVE BEEN INITIATED TO ANNEX TO THE SAID CITY OF -TEMPLE CITY CERTAIN UNINHABITE -D TERRITORY' LOCATED IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,. DESIGNATED AS ANNEXATION NO. 73 -1; AND SETTING THE !TIME AND PLACE FOR THE HEARING OF PROTESTS IN RELATION TO SAID ANNEXATION PROPOSAL by title only, seconded by Councilman-Tennis-and unanimously carried. NEW BUSINESS: 9. RECOMMENDATION FROM PLANNING COMMISSION - Meeting of February 12, 1974 DEVELOPMENT STANDARDS 'FOR R -3 and R -4 ZONED PROPERTY AND PARKING STANDARDS City Manager Koski presented background information, stating that as a result of recent studies and hearings on inconsistencies between the General Plan and Zoning Map, the Planning Commission directed staff to study and make recommendations for revision of R -3 and R -4 development standards, and at their meeting held February 12, 1974, passed Resolutions 74- 543PC, 74 -544PC and 74- 545PC relating to subject items. Councilman Dennis moved to set public hearing March 19, 1974 to consider Planning Commission ° recommendations as set forth in Resolutions 74-543PC, 74 -544PC and 74- 545PC, seconded by Councilman Merritt and unanimously carried. 1 City Manager Koski presented background information, advising that as an immediate response to an accident involving a child riding a• bicycle being hit by a.car on December 13, 1973, residents living along Halifax Road between Live Oak and Lower Azusa Road petitioned for additionalstop signs along Halifax Road, following which Traffic Commission requested a full traffic investigation. Traffic Engineer Envali advised that speeding was a problem at certain - times during the day, however there is not sufficient volume of traffic to warrant additional stop signs along Halifax. He did, however, recommend double centerline striping be placed on the curve of Halifax Road between Olive and Freer and on the curve between Key West and Lower. Azusa and that at the intersection at Key West and at Miloann Street boulevard stop signs be placed on Miloann Street at the west approach to Halifax, and on Key West at the east. .approach to Halifax. Councilman Gilbertson moved to approve recommendations as set forth in memo dated February 7, 1974, and on file in the City Clerk's office, seconded by Councilman Merritt and unanimously carried. B. TEMPLE CITY BOULEVARD, south of Las Tunas Drive - Installation of Red Curbing, east side, Las Tunas Drive to approx. 182' southerly City Manager Koski presented background information, stating the Traffic Commission, at their regular meeting held February 6, 1974, reviewed staff report that confusion exists because there is existing red curb adjacent to the south driveway of the municipal parking lot, Council Minutes, February-19;'1974 - Page 5 north of the existing red curb parking is prohibited at any time by signing; however signing is ineffective in deterring motorist's from-parking north of the existing red curb. Councilman Gilbertson moved to approve- placing an additional 182 ft. of red curbing from-southwest corner of Las Tunas Drive on the east side. of Temple City Boulevard to the first driveway south of Las Tunas Drive and between the first driveway to the existing red curb for an additional 28 ft., seconded by Councilman Dennis and unanimously carried. ..... C. EL MONTE AVENUE AND FREER STREET - Additional Boulevard Stop Sign City Manager Koski presented background information, advising Traffic Engineer had investigated subject intersection because of the number and gravity of accidents at the intersection, and recommended to Traffic Commission that two additional stop signs will lower_ the accident potential with no undue delay encountered by north and southbound traffic on El Monte Avenue. Councilman Merritt moved to approve placing stop signs on north and -south approaches of El Monte Avenue at Freer Street, with stop and stop bar pavement markings and advance "Stop Ahead" pavement marking, seconded by Councilman' Gilbertson and carried. 11. RESOLUTION NO. 74 =1335: WARRANTS & DEMANDS, Demand Nos. 9402 through "9495 'in the amount of $30,149.23. Councilman Gilbertson moved 'to'adopt Resolution No. 74 -1335 entitled A WOLUTION OF 'THE CITY COUNCIL OF THE `CITY OF TEMPLE CITY ALLOWING CLAIMS' AND DEMANDS IN THE SUM OF $30,149%23, DEMAND NOS. 9402 THRU 9495 by titl'e~ "only, "seconded by Councilman Greenberg and unanimously carried. 12. COMMUNICATIONS: A. 1 Los-Angeles-County-Board-of-Supervisors Councilman Merritt moved to receive and file a communication from the Board of Supervisors` urging cities in Los Angeles County to adopt an urgency ordinance to protect consumers by the establish- ment of certain requirements for vendors of gasoline or other motor fuel, seconded by Councilman Merritt and unanimously carried. B. 'Chamber of Commerce - Request to hold Sidewalk Sale on Saturday, March 2, 1974 Councilman Dennis moved to approve request of the Chamber of Commerce to' conduct °sidewalk sale on Saturday, March 2, 1974, from 9:30 a.m. to 5:00 p.m., subject to necessary insurance and removal of signs at the close of sale, seconded by Councilman Merritt and unanimously carried.. C. Chamber of Commerce - Invitation to participate in Open House, Friday, February 22, 1974, 5:30 to 9:00 p.m. Council received and filed letter received from Chamber of Commerce inviting Council participation in Open House, Shirley Realty/ Century 21, 9212 Las Tunas Drive. 13. TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK: No one came forward. RECESS TO MEET AS CRA 1 Council Minutes, February 19, 1974 - Page 6 On motion of Councilman Greenberg, seconded by Councilman Merritt and unanimously carried, Council recessed at 9:26 p.m. to meet as the Community Redevelopment Agency. Council convened as the Community Redevelopment Agency, all members being present and took the following actions:. 1) approved minutes of February 5, 1974; 2) approved proposed free- standing sign at 5530 Rosemead Boulevard; 3) received-preliminary Environmental Impact Report for Rosemead Boulevard Redevelopment Project and set Public Hearing March 28, 1974, 7:30 p.m. The minutes of the Community Redevelopment Agency are set forth in full in the minutes of that agency. Mr. Gilbertson moved to adjourn, seconded by Mr. Greenberg and carried. RECONVENE AS CITY COUNCIL Council reconvened at 9:37 p.m., all Councilmen being present. 14. MATTERS FROM' CITY' OFFICIALS: A. Referral from Planning Commission - Ordinance No. 74 -381: Residential Planned Development (RPD) Councilman Merritt moved to receive and file communication from Planning Commission advising they had reviewed and concurred with Residential Planned Development Ordinance No. 74 -381 as adopted, -seconded "by Mayor Tyrell and unanimously carried. B. Purchase of Emergency Generator - FY 1973 -74 City Manager Koski °advised that purchase of an emergency alternate power source was budgeted in the 1973-74 budget, however expenditure of funds was not authorized; that in a. time of emergency caused by-some calamity, the City must " continue to ' operate; the proposed generator ° would guarantee provision of uninterrupted electrical service to the City Hall during an energy blackout. Councilman Merritt moved to approve the services of an electrical consultant to-prepare plans and specifications and cost estimates for an alternative emergency power source, services not to exceed $1,000 in cost, seconded by Councilman Greenberg and unanimously carried. C. Leagueof California Cities - Spring Meeting, City Manager's Department, Newport Beach, Calif., February 27- March.1, 1974 City Manager Koski presented a'request for his attendance at League of California Cities Spring Meeting, City Manager's Depart- ment, to be held in Newport 'Beach, California, February 27 -March 1, 1974. Councilman Gilbertson moved to approve attendance, with registration and attendant expenses paid, seconded by Councilman Merritt and unanimously carried.. D. Comprehensive Employment and Training Act of 1973, Title II City Manager Koski advised that President Nixon signed the Comprehensive,Employment -and Training Act ( CETA ) of 1973 into law December •28, 1973. This act consolidates all Federal manpower programs, including Public Employment Program (PEP) which the City has participated in since October 1971. PEP will terminate as a separate program June 30, 1974 and CETA is accepting proposals for funding under the new law. Councilman Gilbertson moved to authorize staff to submit a proposal to manpower programs seeking funding under CETA, seconded by Councilman Dennis and unanimously carried. Council Minutes, February 19, 1974 - Page 7 E. City Selection Committee of Los Angeles County Mayor Tyrell advised Council of a meeting of the City Selection Committee to be held Monday, February 25, 1974 at Mistele's Restaurant for the purpose of electing Vice Chairman and representative to Local Agency Formation Commission. F. West San Gabriel Valley Juvenile Diversion Project At an adjourned meeting held Wednesday, February 13, 1974, City Council discussed the West San Gabriel Valley Juvenile Diversion Project, a program which will include seven communities in the San Gabriel Valley area to develop a centralized coordinating and diversion facilitating method by which juveniles will be diverted from the criminal justice system and referred to community based treatment facilities. Councilman Merritt moved to authorize City participation in the West San Gabriel Valley Juvenile'Diversion Project in an amount not to exceed $1, 607, seconded by Councilman Greenberg and carried on a roll call vote: ROLL CALL: AYES: Councilmen - Greenberg, Merritt, Tyrell NOES: Councilmen- Dennis, Gilbertson ABSENT: Councilmen -None G. Gidley Street - Appraisal of Undedicated Right -of -Way City Manager Koski advised there are seven properties facing Gidley Street which have not dedicated sufficient right -of -way in order for the City to construct improvements on this unimproved deteriorated street. Before these can be resolved, appraisals must be made. Howard Martin Associates has submitted a proposed estimate of cost for appraisals of $1,500. Councilman Merritt moved to authorize Howard Martin Associates to appraise those properties on Gidley Street in an amount of $1,500 seconded by Mayor °Tyrell and carried. H. Tree Removal Request = Mrs. Audie Edenburn, 5113 Doreen Avenue Having reviewed the Maintenance Superintendent's tree inspection report and recommendation, Council on motion by Councilman Gilbertson, seconded by Councilman Dennis, approved removal of Siberian Elm located in the parkway of subject property, at property owner's expense. I. Councilman Merritt requested a traffic investigation at the intersection of Woodruff and Temple City Boulevard to determine if there are warrants which merit the installation of a traffic signal. J. Mayor Tyrell directed. Council's attention to the Camellia Festival and schedule of events for Sister City visitors during the weekend of February 22 -24, 1974. K. Appointment to Parking Commission Councilman Merritt moved to appoint Mr. Albert W. Driver to vacancy on the Parking Commission, term to expire June 30, 1975, seconded by Councilman Dennis and carried. Mr. Driver to be sworn in prior to the Parking Commission meeting of February 20, 1974. ADJOURN TO EXECUTIVE SESSION: On motion by Councilman Greenberg, seconded by Mayor Tyrell, Council adjourned at 9:57 p.m. to an Executive Session to discuss possible 1 Council Minutes, February 19; 1974 - Page 8 legal action with the City Attorney regarding right -of -way acquisition on Lower Azusa Road. Council reconvened at 10:05 p.m., all members being present. L. Acquisition of Right -of -Way - 4801 Rio Hondo Avenue Councilman Merritt moved to adopt Resolution No. 74 -1336 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PUBLIC STREET PURPOSES AND ALL USES APPURTENANT THERETO (LOWER AZUSA ROAD PROJECT), seconded by Councilman Greenberg and carried. 15. ADJOURNMENT: On motion by Councilman Merritt, seconded by Councilman Gilbertson, the meeting was adjourned at 10:07 p.m. Next regular meeting of the City Council will be held Tuesday, March 5, 1974, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: Ch of Deputy City Clerk